Cell phone antennae in church tower OKd

Court tells town to let Verizon Wireless place equipment inside

Published 8:30 pm, Wednesday, November 30, 2011

Photo: Philip Kamrass

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A court ruled that the Town of Colonie cannot prevent Verizon Wireless from renting space on the church bell tower for a cell tower at the Loudonville Presbyterian Church, seen here on Wednesday Nov. 30, 2011 in Albany, NY. (Philip Kamrass / Times Union ) less

A court ruled that the Town of Colonie cannot prevent Verizon Wireless from renting space on the church bell tower for a cell tower at the Loudonville Presbyterian Church, seen here on Wednesday Nov. 30, 2011 ... more

Photo: Philip Kamrass

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A court ruled that the Town of Colonie cannot prevent Verizon Wireless from renting space on the church bell tower for a cell tower at the Loudonville Presbyterian Church, seen here on Wednesday Nov. 30, 2011 in Albany, NY. (Philip Kamrass / Times Union ) less

A court ruled that the Town of Colonie cannot prevent Verizon Wireless from renting space on the church bell tower for a cell tower at the Loudonville Presbyterian Church, seen here on Wednesday Nov. 30, 2011 ... more

Photo: Philip Kamrass

Image 3 of 4

A court ruled that the Town of Colonie cannot prevent Verizon Wireless from renting space on the church bell tower for a cell tower at the Loudonville Presbyterian Church, seen here on Wednesday Nov. 30, 2011 in Albany, NY. (Philip Kamrass / Times Union ) less

A court ruled that the Town of Colonie cannot prevent Verizon Wireless from renting space on the church bell tower for a cell tower at the Loudonville Presbyterian Church, seen here on Wednesday Nov. 30, 2011 ... more

Photo: Philip Kamrass

Image 4 of 4

A court ruled that the Town of Colonie cannot prevent Verizon Wireless from renting space on the church bell tower for a cell tower at the Loudonville Presbyterian Church, seen here on Wednesday Nov. 30, 2011 in Albany, NY. (Philip Kamrass / Times Union ) less

A court ruled that the Town of Colonie cannot prevent Verizon Wireless from renting space on the church bell tower for a cell tower at the Loudonville Presbyterian Church, seen here on Wednesday Nov. 30, 2011 ... more

Photo: Philip Kamrass

Cell phone antennae in church tower OKd

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COLONIE — The town is under court order to let Verizon Wireless build a church bell tower with cell phone antennae inside, despite heated public opposition.

While the town's attorney said it would abide by the decision, opponents plan a new legal challenge.

Judge Gary L. Sharpe ordered Colonie to approve all permits within 30 days. The church has said it would be paid $900 a month under a 20-year lease for the 60-foot bell tower, which would have electronic chimes in it.

"While the court is mindful of the Town's underlying concerns, the law, as applied to the record in this case, overwhelmingly supports Verizon's position," Sharpe wrote in a decision dated Monday.

Sharpe cited the decision by the Zoning Board of Appeals to grant the approval as well as federal rules that limit the reasons municipalities can reject applications for cell towers. An engineering firm hired by the town, C.T. Male Associates, had concluded the tower would not be visible unless neighbors were standing under it.

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The bell tower was designed to match the color and architecture of the church, Sharpe wrote.

"The Planning Board's concerns regarding the public's ability to view a 'cellular tower' are meritless," Sharpe said in the decision.

"We disagree with the court's decision but we intend to comply with it," he said. "We still believe the church next to Loudonville Elementary School is not the right place to have the cell tower."

John O'Malley, a spokesman for Verizon Wireless, said the cell tower was proposed because there is a dead spot where calls get dropped in the area of Menand Road and Old Niskayuna Road where the church is located.

"The court ruling speaks for itself," he said. "We're happy with the court's decision. We're ready to move on with the project."

The court concluded the public opposition was the sole reason for the rejection, singling out opponent Gary Mittleman, the former CEO of fuel cell manufacturer Plug Power of Latham. At the Zoning Board meeting in June 2010, Mittleman said "progress is great except when it's in my own backyard," the court said.

Mittleman and other opponents rallied opposition and sent what the court called "incendiary letters" to the church. Mittleman threatened to organize televised protests during Sunday services and said legal action would accuse Verizon and the church of "reckless endangerment and depraved indifference," the court said.

Mittleman is undaunted. He says opponents are planning a new legal strategy and will sue Verizon and the church to stop construction.

The neighbors will focus on a 1924 deed restriction for land along Old Niskayuna Road, Reddy Lane and Osborne Road. When the land was sold by the North Colonie schools, the deed required the property be kept residential and that restriction be part of future sales. In 1959, the district signed a waiver to allow the church to be built and in 2007, it signed another one to allow the cell phone tower.

Mittleman said all 24 property owners who now own some of what was the original 21 acres have to approve any change to the deed restriction. At least half of those home owners are opponents of the cell tower and will sue, he said.